Discrimination, Termination, Employer Liability Issues

It’s about Tyne to Try Something New: The Burden of the Standard of Proof

FordHarrison on 6/24/2024

Executive Summary - In January, the Eleventh Circuit issued a decision that likely will impact employers’ litigation strategies in discrimination cases. In Tynes v. Florida Department of Juvenile Justice, the court...more

Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit

Bradley Arant Boult Cummings LLP on 1/9/2024

As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based” disciplinary policies in which...more

Run Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment Action

Bradley Arant Boult Cummings LLP on 1/19/2023

For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or...more

Reductions in Force: Legal Do’s and Don’ts

Skadden, Arps, Slate, Meagher & Flom LLP on 12/15/2022

Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more

Employer Response Tips From Firing Suit Over Birdwatcher

Bradley Arant Boult Cummings LLP on 10/14/2022

No employer wants to make decisions based on an employee's social media activity. Everyone tells employees to keep their private life private and don't let it affect the job — right? Originally published by Law360 -...more

ABCs of Employment Law: Employment at will

Constangy, Brooks, Smith & Prophete, LLP on 9/16/2022

So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

Whose Burden is it Anyway? NJ Appellate Division Holds Employee Fails to Meet the Burden of Persuasion of Showing Discriminatory...

Genova Burns LLC on 1/19/2022

Despite surviving summary judgment, securing a favorable verdict at the second trial, and being awarded counsel fees, Plaintiff’s gender discrimination case was abruptly dismissed by the Appellate Division. On January 3,...more

California’s SB 331 Extends Sweeping Changes to Workplace Settlement and Separation Agreements

Sheppard Mullin Richter & Hampton LLP on 11/22/2021

In 2018, California passed Senate Bill 820, the STAND Act (Stand Together Against Non-Disclosure Act), in response to the #MeToo movement. SB 820 prohibited the use of confidentiality provisions in settlement agreements...more

US Regional Employment 2021: Alabama | Insights & Events

Bradley Arant Boult Cummings LLP on 10/29/2021

Law and Practice Chambers - The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal...more

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

Bradley Arant Boult Cummings LLP on 9/9/2021

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

Make Sure The Discipline Train Leaves The Station On Time

Constangy, Brooks, Smith & Prophete, LLP on 8/4/2021

Common sense suggests that once the discipline train has left the station an employee should not be able to derail it by filing a charge of discrimination or engaging in other protected activity. This concept is typically...more

The Insidious Deception That Is "Employment At Will"

Constangy, Brooks, Smith & Prophete, LLP on 5/28/2021

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

Sixth Circuit Court of Appeals Provides Guidance as to When Increased Scrutiny May Show Unlawful Retaliation

Butler Snow LLP on 7/15/2020

Federal law (as well as many states’ law) forbids an employer from retaliating against an employee who engages in protected activity, such as complaining of unlawful discrimination. One way that many employees seek to...more

How to Handle Waivers in Discrimination Cases

Cozen O'Connor on 10/10/2018

It is every L&E attorney’s dream: You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show....more

Termination Documentation

Foley & Lardner LLP on 8/9/2018

When terminating an employee, an employer should create documentation showing the reason for and circumstances relating to the termination. The documentation serves two purposes. First, it helps the employer remember why it...more

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/22/2017

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

Are “Cute” Employees A New Protected Class in New York?

Kelley Drye & Warren LLP on 8/25/2017

New York employers now have a new class of employees to be wary of – the “cute”. A New York appellate court just issued a decision reviving a gender discrimination claim brought by a female plaintiff, who alleged that she...more

Before You Fire That Political Extremist . . .

Constangy, Brooks, Smith & Prophete, LLP on 8/18/2017

If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are,...more

Beyond "You're Fired": Key Points for Executing Terminations

Baker Donelson on 8/14/2017

"You're fired!" has been a catchy phrase during the Trump era. If that phrase amounts to your plan for an upcoming termination meeting, however, you are in trouble. Much of the risk analysis and decision-making process for...more

Seventh Circuit Holds Distressed County Did Not Violate ADEA When It Terminated Rehired Retirees to Preserve Supplemental Health...

FordHarrison on 8/7/2017

On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age...more

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